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AI and Liability in Medicine: The Case of Assistive-Diagnostic AI

Authors
  • Rimkutė, Deimantė
Type
Published Article
Journal
Baltic Journal of Law & Politics
Publisher
Sciendo
Publication Date
Feb 01, 2024
Volume
16
Issue
2
Pages
64–81
Identifiers
DOI: 10.2478/bjlp-2023-0013
Source
De Gruyter
Keywords
License
Green

Abstract

As the prevalence of assistive-diagnostic artificial intelligence (AI) grows, so too will the legal controversies surrounding its use continue to grow. Consequently, determining liability in cases where patients experience harm due to the use of assistive-diagnostic AI in personal healthcare services requires a re-evaluation of existing civil liability regulations. This article proposes a framework for addressing liability in these situations by exploring medical malpractice, organisational negligence by healthcare institutions, and producer liability.

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